Introduction

Designingly is an online interior design service. All work will be carried out remotely and delivered digitally.

By accessing our website or purchasing our services, you agree to accept the following terms and conditions.

Where your access to and use is on behalf of another person (e.g., a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

Changes

We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to the Website without notice or liability.

These Terms were last updated in August 2022

Intellectual Property

Our website and the content on our website are subject to copyright and other intellectual property rights. These rights are owned by Designingly, NZ.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish, or otherwise use any of the material on our website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

Designingly alone shall own all rights, title, and interest, including all related Intellectual Property Rights, in and to Designingly’s technology, content and services and any suggestions, ideas, enhancement, requests, feedback, recommendations or other information provided by you or any other party relating to the service. This agreement is not a sale and does not convey to you any rights of ownership in or related to the service, Designingly, Technology, or the Intellectual Property owned by Designingly.

Designingly reserves the right to use any design work or content created in relation to the service, as content on the website and/or for marketing and promotional purposes.

Designingly reserves the right to withdraw any services or products from the website at any time and/or remove or edit any materials or content on the website.

Your Obligations

You must provide true, current, and complete information in your dealings with us and must promptly update that information as required so that the information remains true, current, and complete.

By working with Designingly, you may in some cases provide Designingly with floorplans, designs, constructions drawings and other materials (together, referred to as “Property Records”) containing the measurements, layouts and other information needed by Designingly to provide the services requested. If you do not own the copyright and other intellectual property rights in the Property Records you intend to supply to Designingly, then before you send the Property Records to Designingly, you must obtain written consent from the owner(s) of the intellectual property in the Property Records, and you must supply this to Designingly if requested.

Designingly reserves the right to publish design works created by Designingly on its website, social media platforms and other locations for promotional purposes. You consent to this publication, and you must ensure that any owner(s) of the intellectual property in the Property Records consents to this publication.

You shall indemnify Designingly against any liability, costs (including legal fees and disbursements on a solicitor-client basis), losses, claims, or damages incurred or suffered by Designingly arising in any way from or in connection with any claim or demand alleging that Designingly’s use of the Property Records infringe any intellectual property or other proprietary rights.

You must:

not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware, (or other similar feature) that in any way compromises, or may compromise the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

Bookings

We may, at our discretion, accept or reject a booking depending on a variety of factors, such as (but not limited to) availability of time or our ability to validate payment for the service. You must not place a booking with us if you are less than eighteen (18) years of age. We may, at our discretion, void any order by a person under eighteen (18) years old.

Please check that the service you have booked is correct, and that all your information, including payment and personal details are correct.

Booking availability is subject to change without notice; please be aware that your service will not be secured until payment is processed.

Availability

Booking windows or timeframes indicated by us are subject to change without notice.

If for any reason, we cannot complete your booking, we will notify you via email or contact you using the details provided by you to reschedule or cancel your booking as agreed with you.

Services

3D services are a bespoke service. The pricing, inclusions and terms of such service will be outlined in a scope of works document provided prior to making payment.

The Refresh package will include one product presentation board, one shopping list and one written document comprising design notes. The design concept and recommendations will be based on the details submitted by the client in the design questionnaire and/or relevant email communication to agree a general style direction. The Refresh package contains 2D image boards only and will not include any 3D representations of the design concept. Scope for client revisions and/or optioneering is not included unless otherwise agreed prior to making payment.

The Signature package will include one product presentation board, one shopping list, one 3D room visualisation and one written document comprising design notes. The design concept and recommendations will be based on the details submitted by the client in the design questionnaire and/or relevant email communication to agree a general style direction. 3D images will be presented as ‘artist’s impression’ stylised 3D drawings or renders (not photorealistic renders). Scope for client revisions and/or optioneering is not included unless otherwise agreed prior to making payment.

The Retail moodboard package will include one moodboard showcasing the client’s retail products. The products presented on the moodboard may be exclusively from the client’s range, or a combination of the client’s products and other company’s products. This will be based on the client’s direction prior to work commencing. Retail moodboards are designed for use on digital platforms and not suitable for physical printing purposes. Unless otherwise specified all retail moodboards will be unbranded and delivered to the following specifications: jpg or png, 72 ppi resolution, colour profile RGB, sizing 1080 x 1080 px.

Pricing

Unless otherwise stated, all prices are in New Zealand Dollars (NZD).

Single room packages are priced based on a single room with one clearly defined function.

Open plan packages are priced based on a Kitchen/Dining or Kitchen/Dining/Living open plan space for a typical, modern family home.

Designingly considers a typical single room size to be up to 20 square metres, and an open plan space to be up to 55 square metres.

Designingly reserves the right to assess the scope of work once a booking is submitted and may increase the price and lead-time associated with a design should it be deemed to exceed a typical or reasonable scope for the price. Additional charges or lead-times may also apply should the scope of work increase after work has already commenced. Designingly will notify the client prior to commencing or continuing work if any price or lead-time changes will apply.

All prices are inclusive of GST in NZ. We make every effort to ensure prices and product information on our website are correct and up to date. Prices for Designingly products or services displayed on third party websites are not controlled by Designingly and we are not bound by price representations made by third parties.

Payment

Payment for all design services is to be made prior to any work commencing. Payment for all goods is to be made prior to despatch. Designingly does not offer credit or trade accounts unless otherwise agreed.

Payment for any additional hours required must be made prior to any further work continuing.

Whilst we use Stripe’s secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party. For more information about how we collect, store, and use your data, including payment information, please review our Privacy Policy.

Gift Card Conditions

Gift Cards are valid for 12 months from date of purchase.

Promotional offers cannot be used to purchase a Gift Card.

Gift Cards can be redeemed against all services on https://www.designingly.co.nz

Gift Cards are non-transferable. Proof of identity required upon use.

Gift Cards may not be returned or redeemed for cash.

If your order total is less than the value of the Gift Card, the remaining balance will be available to redeem against subsequent orders; but will not be redeemable for cash.

All remaining balances exceeding the value of your Gift Card or credit note must be paid via an alternate payment method.

Gift Cards will be sent to the email provided once the full order and payment has been processed.

Designingly is not liable for delivery of a Gift Card or credit note to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

Designingly is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission.

Designingly reserves the right to cancel a Gift Card if we deem such action necessary.

Refunds

All design packages and services are non-refundable.

All work carried out is non-refundable.

Online interior design

The brief and subsequent scope for the client’s project is established by Designingly based on the information and preferences supplied by the client in the design questionnaire and/or any relevant email correspondence prior to payment being made.

Should the brief materially change by the client after work has commenced, Designingly reserves the right to refuse such changes or (at Designingly’s discretion) to charge an additional hourly rate of $75 +gst per hour for the additional time required to establish an updated scope and carry out the additional design work.

If additional hours are agreed, the target date for completion of the final design package may also be extended at Designingly’s discretion to ensure that other bookings are not affected.

If a client does not respond to their designer or initiate contact for a period greater than 3 months, the project will be regarded as completed and no further work will be carried out.

Refresh and Signature package process:

After determining the client’s brief and receiving payment, Designingly will initiate communication with the client via email for the purpose of discussing and agreeing the high-level design direction for the project.

The client can use this opportunity to provide feedback to Designingly to either confirm or refine the high-level design direction. The client must reply promptly to ensure that the detailed design work can be completed within the pre-booked time. In order to maintain quoted pricing and booking times, the communication required to agree the design direction should not be excessive in nature.

Once the design direction is agreed Designingly will proceed with the detailed design work (as outlined in the agreed scope) and the final deliverables will be sent to the client via email.

Scope for client revisions and/or optioneering is not included unless otherwise agreed prior to making payment.

If revisions and/or optioneering has been included in the agreed scope – any request made by the client should be reasonable and in keeping with the essence of the brief set prior to payment. Should any revisions and/or optioneering requested by the client cause the brief to materially change – Designingly reserves the right refuse such requests or (at Designingly’s discretion) to charge an additional hourly rate of $75 +gst per hour for the additional time required to establish an updated scope and carry out the additional design work.

Where a design includes customised elements requiring the work of a third-party contractor or trade professional (including but not limited to kitchens, bathrooms, laundries, custom furniture, flooring, paint, drapes), Designingly may submit a finish schedule in lieu of a shopping list. The finish schedule will include suggested finishes or materials to achieve the design concept but will not include the exact number of units or cost of such materials or labour. It will be at the client’s discretion to use the finish schedule to communicate suggested materials to their chosen contractor or trade professional to confirm suitability and obtain a quote from them for sourcing and installing the final product.

Retail Moodboard Process:

After receiving a client’s enquiry, Designingly will initiate communication with the client via email to discuss the client’s goals, confirm the theme and products to be showcased, and agree on the best way to access the client’s product images.

Designingly will then confirm the final price and estimated leadtime for completing the moodboard. Once the client has made payment the design work will commence and no further changes to the brief from the client will be accepted within the agreed price and lead time.

Industry appropriate (i.e., interior or home décor themed boards) may also be uploaded & tagged with the client’s business handle on Designingly’s social media accounts for the purpose of increased exposure and engagement at Designingly’s discretion.’

Product images must be provided by the client to Designingly either via the client’s website or via secure file transfer and must be of a good visual quality. Images should also be provided on clean/white backgrounds so that they are easy to use and do not require editing work. If additional editing work is required to extract product images, then Designingly may charge additional costs to do so. If the quality of the provided images is preventative in achieving an acceptable outcome, then editing work may not be offered.

Delivery Timeframes

Refresh = 2-4 weeks after the design direction is agreed

Signature = 3-6 weeks after the design direction is agreed

Open Plan Packages = allow an additional 1-2 weeks

Retail Moodboards = 1-3 weeks after the design direction is agreed

3D Services = on enquiry

All delivery timeframes are indicative only and may be subject to change.

Wholesale products and trade accounts

From time to time Designingly may specify products from wholesalers or retailers (third parties) that provide trade or designer accounts. In this situation the client would purchase those items through Designingly, who will order the product and coordinate delivery on the client’s behalf. This service will be offered at Designingly’s discretion and will generally only be provided where there is a cost saving or other benefit to the client, as well as reasonable compensation to Designingly for the additional time involved.

Relevant additional terms on delivery, payment and returns for this service can be viewed here.

Disclaimers

All design work carried out, and any recommendations made by Designingly are conceptual only and not intended for manufacturing or construction purposes.

Any measurement references made by Designingly to the client will be based on the information and measurements provided to Designingly by the client. Designingly accepts no responsibility for any false, unclear, or inaccurate measurements or information provided by the client.

Designingly does not accept any responsibility or liability for any incorrect furniture ordered by the client, or furniture that may be the wrong size, wrong colour or arrive damaged.

All permissions necessary for using third-party produced documents or intellectual property of any kind for the purposes of communicating any measurements, layouts, or other information required for Designingly to provide a service is the sole responsibility of the client to obtain in writing from the relevant third parties prior to engaging with Designingly. Designingly takes no responsibility for any failure of the client to do so, or for any actions taken by the client that might breach any other party’s copyrights in any way.

If you choose to send third party produced documents or intellectual property of any kind (such as, but not limited to: floorplans, elevations, construction documents) to Designingly to communicate the measurements, layouts, or other information required for Designingly to provide a service – you must ensure that you have first obtained the necessary permissions in writing from all relevant third parties / original owners of all relevant intellectual property before doing so.

Designingly makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Online Interior Design Services, including Designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality, availability or nature of third-party products or services obtained through the Service. Use the Service at your own risk.

Clients should be aware that, due to uncontrollable variations in screen resolution, image quality and personal perception, the digital representation of colour, texture and quality of products may not be true to physical appearance. Clients are encouraged to view products or samples in person prior to purchase.

All clients should check the dimensions of the furniture pieces recommended to them before purchasing. Designingly will not accept any liability or responsibility for furniture ordered by the client that is not to their satisfaction.

The online interior design service will include links to third-party websites. It is up to the client to determine whether to access them. Designingly is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. The client will assume all risk and we disclaim all liability arising from their use of them. We make no promises and disclaim all liability of specific results from the use of the online interior design service.

The scale and/or measurements represented in floorplans and 3D visualisations will be based on the information provided by the client and are represented to the best of our ability. Designingly recommends that all clients check that floorplan measurements are correct before purchasing furniture or décor items and before requesting quotes from other parties. We recommend that the client advise any other parties they hire to take their own measurements of the space prior to commencing with any work.

Designingly will not be responsible for the means, methods, or procedures of construction, fabrication, delivery and installation, or safety precautions in connection with the project; for the acts or omissions of the contractor, or any subcontractor, supplier or other person performing work on the project; or, for any failure of them to meet any schedules or completion dates. Designingly cannot be held responsible for delivery delays or for arranging repairs, replacement, cancelations, refunds, disputes or freight claims for purchases made in conjunction with recommendations for the project.

Quotes provided by Designingly are valid for 30 days only. After the 30-day period, quotes will be considered as invalid and will require a new quote to be made. Designingly is not responsible for price increases made by third parties, or on third party websites.

Privacy Policy

We are committed to safeguarding the privacy of our website visitors and interior design service users. Click here to read a full copy of our Privacy Policy.

Complaints or disputes

We are committed to dealing with customer complaints fairly. If you have a complaint about our services, or believe your PayPal or Stripe account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately at info@designingly.co.nz

No party to this agreement shall commence any court or arbitration proceedings relating to a dispute or difference arising out of, or related to, these terms, unless that party has first complied with this clause.

Each dispute or disagreement arising from or connected with this agreement shall be settled by negotiations. We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

If the Parties are not able to settle dispute by negotiation, the parties agree to mediate any dispute or difference arising out of, or in connection with, this agreement, or the subject matter of this agreement, including any questions regarding its existence, validity, or termination.

Should the parties not be able to agree upon the selection of a mediator and/or the terms and/or the fees, within 10 working days from the date one party delivers written notice to the other party that they wish the dispute or difference be resolved by mediation, then either party may request the appointment of the mediator and the standard terms, including fees by the AMINZ (Arbitrators and Mediators Institute of New Zealand), who will determine such matters.

Should a party fail to attend the mediation joint meeting, then that party shall be responsible for all the costs of the mediation.

Suspension and termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

Sponsored Content

Our blog may accept some forms of advertising, including sponsorship and product placement. Advertisements are used to improve the blog and to offset the costs of running it. All sponsored content will be stated. Brands have little editorial control over the content we create with regards to a sponsored post (or gifted products that appear on the post). We only recommend products and brands that we love and respect.

Occasionally, Designingly may seek financial payment in exchange for promoting, recommending, and showcasing products or services. We may also get compensation to feature products in our interior photographs across our blog and social media. Even though we receive financial payment for the posts, we always give honest opinions and pride ourselves in stating our honest findings, beliefs, and experiences.

Our blog is written and edited by us, and all opinions are our own. If you have any questions or comments, you can get in touch via the contact form on our website.

Affiliates

We may use affiliate links in our blog content, social media content, and e-design selections. This allows us to earn commission from sales on external websites to help us with the running of the blog, website, and business. You will not be charged extra for shopping through these links. All affiliate links will be clearly stated. We only recommend products and brands that we love and respect.

General

If anything in this document is unenforceable, illegal, or void then it is severed and the rest of this document remains in force, unless the severance would change the underlying principle commercial purpose or effect of this document.

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

Governing law and jurisdiction

The laws of New Zealand govern this document.

The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

Any clients based outside of NZ, for example within the EU and USA, when engaging in a work relationship with Designingly, are subject to NZ laws.

Defined terms

In this document unless otherwise stated:

Agreement means the agreement or contract between the parties, comprising these Terms and the quote, statement of work or similar scope of works document provided by Designingly.

Parties means any person or entity whom/that are engaged with the terms and conditions.

Room means a part or division of a building enclosed by walls, floor, and ceiling.

Single Room means a room with walls that has one clearly defined function e.g., ‘bedroom’ or ‘living room’ or ‘bathroom’.

2D means two-dimensional.

Two-dimensional means having or appearing to have length and breadth but no depth.

3D means three dimensional.

Three-dimensional means having or appearing to have length, breadth, and depth.

Moodboard means digital document containing mostly 2D images to represent a design concept. A moodboard may include visual representations of suggested colour, design styles, materials etc. Images may not be presented to scale.

Floorplan means a 2D scale drawing of the floor layout of the room, which may include basic shapes to depict furniture placement.

Artist’s impression means a sketch or drawing of something, produced when no photograph is available.

Shopping list means a document listing the suggested products along with quantities, prices and details on where to buy them.

Finish Schedule means a document that specifies suggested items, finishes and materials intended for a custom construction project, but excludes construction pricing and quantity surveying.

Service or The Service means any package or service provided by Designingly.

GST has the meaning given in the GST Act.

GST Act means the Goods and Services Tax Act 1985.

Terms means the terms and conditions outlined in this document titled Terms and Conditions.

Typical means a characteristic or behaviour that is normal and expected for a given person or thing or in a given situation.

Reasonable means something that is sensible and fair in a given situation.

Excessive means an amount too great to be reasonable or acceptable in a given situation.

We, us, or our means Designingly (NZBN 94 290 492 737 48).

Website means Designingly’s website accessible at https://www.designingly.co.nz/.

You means you or both you and the other person on whose behalf you are acting.